Fire Fighters And Law Suits

Firefighters Fight Fires, Not
"Frivolous" Lawsuits

Firefighters afraid to save lives because of liability
fears? Don't tell that to the Texas State Association of Fire Fighters,
which recently denounced a television ad asserting this falsehood as a "disservice"
to firefighters and asked that it be removed from the airwaves.

The claim that firefighters across this country
are unduly burdened by civil tort lawsuits is unfounded. Firefighters acting
within the discretionary scope of their job are generally immune -- it's
only egregious actions outside this scope, such as failing to rescue or
committing a non-duty violation, that are and should be cause for alarm.
Consider, for example, the following cases:

Three children died and their parents were seriously
injured in Indianapolis when a medicated fire department dispatcher carelessly
sent firefighters to the wrong address.

An 18-year-old Maryland firefighter died after
three volunteer firefighters, conspiring to get her drunk so they could
have sex with her, left her inebriated, unattended and uncovered in the
rear of a pickup truck in 29-degree weather.

More significant are the numerous examples of firefighters
exercising their right to hold wrongdoers that endanger their lives accountable.
Here are two examples:

A Texas firefighter died of injuries he received
while fighting a fire when the high pressure hose on his air pack melted,
releasing large amounts of air which not only intensified the fire, but
also prevented him from using the air pack, forcing him to breathe toxic
fumes. Caldwell v. U.S. Divers Co.

Potential liability is not what's on firefighters'
minds when they race to put out a fire. They're hoping that their equipment
works and that their suits hold up to the heat. To be effective, firefighters
need to be able to trust that their tools and protective clothing won't
fail them and jeopardize their lives. Manufacturers should be concerned
about producing the safest products for these heroes of society, not about
manipulating American viewers and escaping liability when they make undependable
items.